What is Urgent Acquisition of Land?
Urgent acquisition of land refers to a fast-track process under land acquisition law, where the government takes immediate possession of land for public purposes without waiting for the full procedural timeline. This exception allows the government to skip the usual inquiry process in urgent situations such as:
- Natural disasters
- National defense requirements
- Infrastructure emergencies
- Public safety needs
The legal basis for this lies in the Land Acquisition Act, 1894, particularly under Section 17, and the revised provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act).
Legal Provision: Section 17 of the Land Acquisition Act, 1894
Section 17 of the old Land Acquisition Act allowed the government to take possession of land within 15 days of issuing a notice, even before final compensation was paid. This provision was often used in cases of urgency, such as building flood relief camps or defense installations.
However, misuse of this power led to significant public criticism. The 2013 LARR Act replaced the 1894 law and put stricter checks on this process. Under the 2013 Act, the urgent provision remains in limited use and requires higher levels of scrutiny and justification.
When Can Urgent Acquisition Be Invoked?
The government can invoke urgent acquisition only when:
- There is a declared emergency like war, internal disturbance, or environmental disaster
- The acquisition must serve an immediate public purpose
- Delays would defeat the entire object of acquisition
Even in urgent cases, authorities must provide fair compensation, and the affected parties retain their legal right to challenge the acquisition in court.
What Happens to the Landowner’s Rights?
Urgent acquisition reduces the time for filing objections and skips detailed inquiry. However, this does not mean landowners lose all rights. They still have the right to:
- Receive market-value based compensation
- Seek rehabilitation and resettlement if applicable
- Challenge the acquisition under Article 300A of the Constitution (Right to Property)
- File a writ petition in High Court or appeal to a land acquisition tribunal
The law requires that compensation be paid promptly, even if the land is taken urgently.
Criticism and Judicial Oversight
Several courts have ruled against misuse of urgency clauses. In Dev Sharan v. State of Uttar Pradesh (2011), the Supreme Court held that invoking urgency without real emergency violates constitutional rights.
The Bombay High Court and Delhi High Court have also emphasized that Section 17 cannot be used to bypass public objections or speed up land acquisition for non-urgent commercial purposes.
